No Privacy? HC Allows WhatsApp Chats in Divorce Case

High Court ruling on digital evidence

The Chhattisgarh High Court has upheld the admissibility of call recordings and WhatsApp chats as evidence in a matrimonial dispute. The decision supported an earlier order passed by a family court in a divorce case.

The ruling was delivered by Justice Sachin Singh Rajput, who dismissed the wife’s appeal against the inclusion of digital material submitted by her husband. The evidence included WhatsApp call recordings and chat messages.

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The wife argued that the material was obtained by hacking her mobile phone. She claimed that using such evidence violated her fundamental right to privacy.

However, the High Court observed that the right to privacy, though fundamental, is not absolute. The court said reasonable limitations may apply when ensuring a fair trial in legal proceedings.

The bench referred to Section 14 of the Family Courts Act, which gives family courts flexibility in admitting evidence. This includes material related to the private affairs of the parties involved.

The court explained that such evidence can be considered if it is relevant to resolving the dispute. It noted that excluding digital communication only on privacy grounds could weaken the purpose of family courts.

Personal relationships and private conversations often play an important role in matrimonial cases. Because of this, the court said relevance should be the key factor in deciding admissibility.

With these observations, the High Court dismissed the appeal. The ruling reinforces the role of digital communication as evidence in matrimonial disputes.

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